During a routine patrol, a security guard witnesses an individual intentionally damage a public bus stop shelter by spray-painting graffiti. The individual then attempts to flee the scene. Which of the following best describes the security guard's power to arrest this individual?

Question: During a routine patrol, a security guard witnesses an individual intentionally damage a public bus stop shelter by spray-painting graffiti. The individual then attempts to flee the scene. Which of the following best describes the security guard's power to arrest this individual?

Answer options: ✅ The guard can arrest the individual because they are found committing a hybrid offence that the Crown could elect to proceed with as an indictable offence.

• The guard must contact the police and is explicitly prohibited from making an arrest for property damage on public land.
• The guard can only detain the individual until police arrive, as private citizens cannot arrest for summary conviction offences.
• The guard has no power of arrest as the damaged property is public, not private property under their direct protection.

Correct answer: The guard can arrest the individual because they are found committing a hybrid offence that the Crown could elect to proceed with as an indictable offence.

Explanation: Section 494(1)(a) of the Criminal Code of Canada permits a private citizen to arrest a person whom they find committing an indictable offence. Mischief under $5000 (which graffiti typically falls under) is a hybrid offence, meaning the Crown can elect to treat it as an indictable offence. If the Crown elects to proceed by indictment, it is considered an indictable offence, hence a private citizen, including a security guard, can make an arrest if they find the person committing this offence.